Umesh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21704 of 2019 Arising Out of PS. Case No.-232 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== Umesh Paswan, Son of Late Shivchandra Paswan Resident of Village - Chakwajo malahi, P.s.- Jandaha, Distt.- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashi Shekhar Sharma For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-04-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case is that from the hutment of the petitioner, 10 litres of country made illicit liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family hutment of the petitioner and the alleged hutment is without any door. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made

Patna High Court CR. MISC. No.21704 of 2019(2) dt.09-04-2019 2/2 from the hutment of the petitioner.

Considering the fact that recovery has been made from the hutment of the petitioner, it is a case for consideration of regular bail by learned Court below if the petitioner surrenders within a period of six weeks, in connection with Jandaha P.S. Case No. 232 of 2018, pending in the Court of learned Additional Sessions Judge-II-cum-Special Judge, Hajipur at Vaishali.

Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T